july 29 , 2013 tjsl presence is extensive in july … · tjsl presence is extensive in july issue...

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TJSL Presence is Extensive in July Issue of SD Lawyer The pages of the July/August issue of San Diego Lawyer -The Journal of the San Diego County Bar Association (SDCBA), are teeming with articles authored or co-authored by members of the TJSL community, including two informative feature articles about innovative TJSL programs. Alumnus Jeremy Evans ’11, who is on the editorial staff of the Journal, has the cover story, titled “Time OUT – How We Represent and Play in the Big Leagues.” The article briefly profiles how some San Diego attorneys are involved with sports representation, including Randy Grossman ’94, who represents well known sports figures like Hall of Famer Dave Winfield. The article also describes how some local attorneys participate in sports, including Eric Bernsen ’12, who competes in long-distance bicycling, and Diane Letarte ‘96, who loves to ride motorcycles. (TJSL Trivia – Did you know that the law school once had an ice hockey team on which former California State Bar President Marc Adelman ’77 and San Diego Lawyer Editor Martin Kruming ’77 both played?) Evans also produced a feature for this issue that asks some local practitioners “How did you choose the type of law you practice?” On that same page is a small item and photo about TJSL Graduate Programs Director Jason Fiske ’08 on a recent visit to Azerbaijan. TJSL Professor Steve Semeraro, winner of the ABA Legal Fiction Writing Contest published in the Journal of Legal Education in 2012, accepted the interesting challenge of authoring part of a yet-to-be-written novel. He was given an opening sentence and then proceeded to write the next 300 words or so of the story, titled “A Smile Said He Should Have Listened.” San Diego Lawyer invites readers to write and email the next 300 words by August 1. Alumna Elisabeth Donovan ’12 has two articles in this issue, the first being a profile of TJSL’s new Center for Solo Practition- ers, with quotes from TJSL Professors Semeraro and Luz Herrera, and a nod to Center director, Professor Lilys McCoy. Donovan’s second article focuses on the relationships the SDCBA and TJSL have developed with the Sao Paulo Bar Associa- tion and, in particular, TJSL’s LEEP program for Brazilian attorneys, directed by Carla McEwen. Both McEwen and William Byrnes, Associate Dean for TJSL’s Graduate & Distance Education Programs are mentioned in the article. The “Photo Gallery” section of the Journal features the smiling faces of former Dean Rudy Hasl, alumna Renee Galente ’08 and Nory Pascua ’98, who were honored at a special luncheon during Law Week as 2013 SDCBA Service Award winners. TJSL’s new Dean, Thomas Guernsey, will be a contributor to the regularly appearing “Deans” column in San Diego Lawyer in the coming months. Dean Guernsey’s first column as Dean of the Thomas Jefferson School of Law will appear in the September issue, focusing on access to justice and how law schools and the local bar associations should team together on incubator programs, like TJSL’s new Center for Solo Practitioners, to produce lawyers who will serve the underrepresented. Third-year student Samantha Morales, who has contributed many stories to the TJSL website and The Advisor weekly newsletter as a work study assistant in the Communications Office, will be a Law Student Editor for San Diego Lawyer during the 2013-14 academic year, working with TJSL alumnus Martin Kruming ’77, who is editor of the Journal. Morales will carry on the tradition of Wendy Dimpfl ‘09 and Elisabeth Donovan, former Communications Office assistants and good writers/reporters who also went on to serve as Law Student Editors for the Journal. July 29 , 2013

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TJSL Presence is Extensive in July Issue of SD Lawyer The pages of the July/August issue of San Diego Lawyer -The Journal of the San Diego County Bar Association (SDCBA), are teeming with articles authored or co-authored by members of the TJSL community, including two informative feature articles about innovative TJSL programs. Alumnus Jeremy Evans ’11, who is on the editorial staff of the Journal, has the cover story, titled “Time OUT – How We Represent and Play in the Big Leagues.” The article briefly profiles how some San Diego attorneys are involved with sports representation, including Randy Grossman ’94, who represents well known sports figures like Hall of Famer Dave Winfield. The article also describes how some local attorneys participate in sports, including Eric Bernsen ’12, who competes in long-distance bicycling, and Diane Letarte ‘96, who loves to ride motorcycles. (TJSL Trivia – Did you know that the law school once had an ice hockey team on which former California State Bar President Marc Adelman ’77 and San Diego Lawyer Editor Martin Kruming ’77 both played?) Evans also produced a feature for this issue that asks some local practitioners “How did you choose the type of law you practice?” On that same page is a small item and photo about TJSL Graduate Programs Director Jason Fiske ’08 on a recent visit to Azerbaijan. TJSL Professor Steve Semeraro, winner of the ABA Legal Fiction Writing Contest published in the Journal of Legal Education in 2012, accepted the interesting challenge of authoring part of a yet-to-be-written novel. He was given an opening sentence and then proceeded to write the next 300 words or so of the story, titled “A Smile Said He Should Have Listened.” San Diego Lawyer invites readers to write and email the next 300 words by August 1. Alumna Elisabeth Donovan ’12 has two articles in this issue, the first being a profile of TJSL’s new Center for Solo Practition-ers, with quotes from TJSL Professors Semeraro and Luz Herrera, and a nod to Center director, Professor Lilys McCoy. Donovan’s second article focuses on the relationships the SDCBA and TJSL have developed with the Sao Paulo Bar Associa-tion and, in particular, TJSL’s LEEP program for Brazilian attorneys, directed by Carla McEwen. Both McEwen and William Byrnes, Associate Dean for TJSL’s Graduate & Distance Education Programs are mentioned in the article. The “Photo Gallery” section of the Journal features the smiling faces of former Dean Rudy Hasl, alumna Renee Galente ’08 and Nory Pascua ’98, who were honored at a special luncheon during Law Week as 2013 SDCBA Service Award winners. TJSL’s new Dean, Thomas Guernsey, will be a contributor to the regularly appearing “Deans” column in San Diego Lawyer in the coming months. Dean Guernsey’s first column as Dean of the Thomas Jefferson School of Law will appear in the September issue, focusing on access to justice and how law schools and the local bar associations should team together on incubator programs, like TJSL’s new Center for Solo Practitioners, to produce lawyers who will serve the underrepresented. Third-year student Samantha Morales, who has contributed many stories to the TJSL website and The Advisor weekly newsletter as a work study assistant in the Communications Office, will be a Law Student Editor for San Diego Lawyer during the 2013-14 academic year, working with TJSL alumnus Martin Kruming ’77, who is editor of the Journal. Morales will carry on the tradition of Wendy Dimpfl ‘09 and Elisabeth Donovan, former Communications Office assistants and good writers/reporters who also went on to serve as Law Student Editors for the Journal.

July 29 , 2013

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Page 2 The Advisor

William Byrnes appointed by LexisNexis as new author of Practical Guide to U.S. Transfer Pricing

TJSL Associate Dean William Byrnes has been appointed by LexisNexis as the primary author of its Practical Guide to U.S. Transfer Pricing, his sixth Lexis title. “I am honored that LexisNexis chose me to take over this 28 chapter publication established by the renowned Robert Cole,” said Dean Byrnes. “But I was saddened by the passing of Bob, who in his 81 years, made such a tremendous impact in the field international taxation. He was one of the icons of international taxation, in the league of Stanley Surrey and Walter Diamond. In the early seventies, he served as the first international tax counsel of the IRS and just last year rejoined Treasury’s transfer pricing department.” Dean Byrnes responded to the question of whom he plans to work with on this book this way: “I initially sought industry input with my own faculty like Dr. Salis and Professor Correa regarding its thoughts on which issues and cases from this past year will be the critical pain points for tax risk management counsel. Then I sought more advice on emerging issues that may crop up the coming year. “I am fortunate to be working on this Lexis book with the industry’s leading transfer pricing professionals, from firms like DLA Piper, Alston, Covington, Pillsbury, Jones Day, McDermott, Duff & Phelps, Miller Cheva-lier, PwC, E&Y and multinational companies like Temenos and Vertex.” Dean Byrnes further explained, “Transfer Pricing is one of the most complex and robust areas of tax regula-tion in the United States and globally. The big ticket cases, ones with over a half-billion dollar adjustment, are almost always transfer pricing. And with the renewed government focus on this topic the past year, transfer pricing audits will both increase in number and in actions taken, not just for the IRS, but most coun-tries’ revenue authorities.” Reflecting upon his studies, Dean Byrnes said: “This is an exciting opportunity to build upon my original Fel-lowship dissertation research. In the early nineties, I spent three years for my fellowship at the IBFD focused on analyzing the subject of transfer pricing, especially from an economic and trade perspective. During that Fellowship, I developed a transfer pricing course that I taught the first time in Johannesburg in 1994. “One of my initial students, Kithsri Da Silva, who became a professor in my online international tax program in 1998, developed a substantial career in the field, albeit as a government revenue officer. Another alumnus from the initial online offering of the course, Dr. George Salis, is now a preeminent expert and economist in the field, working with Vertex.” Finally, Dean Byrnes added, “The transfer pricing course that I have taught since 1994 is unique, based on a developing case study approach. Now with an international tax faculty of George Salis (Vertex), Kithsri Da Silva (New Zealand Revenue), Debora de Souza (Temenos) and Ednaldo Silva (RoyaltyStat) the slate of trans-fer pricing courses has developed a global audience. Our case studies are intensive, law and economic fo-cused, and highly practical for tax counsel. “Over the next couple years, I can see expanding the publication to a second volume to include analysis of the transfer pricing rules of countries active in international trade.” William Byrnes recently was the primary author of the LexisNexis Guide to FATCA Compliance, published earlier this year. See Professor Byrnes’ Book on LexisNexis Website

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Page 3 The Advisor

Professor Meera Deo to Be Visiting Professor at Berkeley Law Center This fall TJSL Professor Meera Deo will be a Visiting Schol-ar at Berkeley Law's Center for the Study of Law & Society (CSLS). “The position is an opportunity for me to collaborate and exchange with other scholars working on interdisci-plinary and empirical research that focuses on law and society,” says Professor Deo. “It is also an opportunity for that school to learn more about our wonderful faculty

(with me as ambassador) and for me to share with the TJSL community what I learn through the process.” As a Visiting Scholar, Professor Deo will be continuing development of her most recent empirical project, the Diversity in Legal Academia (DLA) research study. DLA uses an intersectionality framework to identify unique challenges and opportunities facing the female law faculty of color, as individuals with identity characteristics that tend to be devalued in traditional law school settings. The project utilizes survey and interview data from law faculty members, focusing on women of color while including for comparison white women, white men and men of color. The study hypothesizes that 1) women of color will have greater responsibilities for child/elder care competing with work; 2) structural discrimination will impede their opportunities for professional advancement; and 3) they will nevertheless enjoy unique benefits based on race and gender. DLA is especially important today, as women of color remain severely underrepresented in the legal academy. Nationwide, there are only 772 female law professors of color, out of 10,965 total law profes-sors. Faculty diversity may play an especially critical role in educating students and preparing them for practice. By better understanding faculty diversity, Professor Deo hopes to improve outcomes not only for female faculty of color, for also for students, institutions and society at large. According to Berkeley Law’s website: “The Visiting Scholars Program is one of CSLS's most important and fruitful activities, enriching current scholarship and stimulating new research ideas in a unique interdisciplinary and international research environment, in the words of one recent visitor. In recent years, CSLS has welcomed some 25 visiting scholars annually from the U.S. and many other countries, in a range of disciplines, including law, political science, sociology, criminology, history, public admin-istration and communications.” Professor Deo will continue teaching all year at TJSL in addition to her new duties at Berkeley.

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Page 4 The Advisor

TJSL Alums Organize Fascinating CLE on Beer and Wine Production Legalities By Jeremy Evans ‘11 On Wednesday, July 17, 2013, the New Lawyers Division (NLD) of the San Diego County Bar Association put on a Continuing Legal Education (CLE) program that was titled "Beer & Wine Law: Transition from Hobby to Commer-cial." The program was organized by CLE Co-Chairs and Thomas Jefferson School of Law (TJSL) graduates, Jeremy Evans '11 and Amanda Thompson '07. Evans was the moderator for the panel. One of the panelists was also a TJSL graduate, Candace Moon '07, the "Craft Beer Attor-ney" for San Diego, which also happens to the Craft Brew-ery Capital of the World. Paul Mirowski, wine law, enter-tainment law, and wine maker and co-owner of Treasure Island Winery/Wines was also a panelist. His winery overlooks downtown San Francisco and the property is under lease with the United States Navy. Last, attorney Carolyn Harris, General Counsel for the Ramona Valley Winery Association, and owner of Chuparosa Vineyards in Ramona, was a panelist. The panelists spoke about the history of Prohibition and whether the United States has actually gotten away from Prohibition-type laws. With the use of U.S. Supreme Court Cases as his legal theory and justification, Paul Mirowski added a personal touch with his Treasure Island Winery/Wines story that centered around his discussions with the local and state government in estab-lishing a winery on U.S. Navy property. Mirowski also discussed licensing and trademarks for winery and brew-ery owners/makers. Carolyn Harris, also a winery owner, discussed her experiences in helping to draft and argue the finer points of the Boutique Winery Ordinance, San Diego County Winery Ordinance and the America Viticul-tural Area in Ramona. These types of laws regulate

wineries and breweries as to content, environmental protection, and more. Harris discussed the history of wine making in San Diego County and added that there are more farms, albeit smaller acreage farms, in San Diego County than anywhere else in the Country. Candace Moon provided wonderful insight into federal regulation, California regulation and local regulation laws, specifically where to find them, how to be in compliance and how to stay in compliance. She also gave a 'how to' for all attendees on getting a brewery up and running and how to sustain one as well. Overall, a well-attended CLE (70+), with a networking portion that followed at Karl Strauss Brewery. People must like beer and wine . . . law.

Jeremy Evans ‘11, Candace Moon ‘07, Paul Mirowski

Co-organizer Amanda Thompson '07 (Right Front)

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Tim Dennison '05 is IP Counsel for Philips in the Netherlands Tim Dennison ‘05 has accepted a new position as an Intellectual Property Counsel for Philips International B.V. based in Eindhoven, the Netherlands, about ninety minutes south of Amsterdam. Dennison was most recently in private practice in the area of intellectual property and corporate transactions in San Diego, in addition to being the Supervising Attorney at TJSL’s USPTO Trademark Law School Clinic. And he loves his new position with Philips International. “It’s a great place to work – very international.” Dennison said. “My office partner is German, I have one English and one Dutch supervisor and my department has people from 11 or 12 countries. Every day at lunch you can hear a multitude of languages and learn about the places you just have to visit on your next vacation.” The road to Eindhoven wasn’t necessarily a straightforward one though. Dennison spent the better part of a decade working as an engineer and engineering manager in Southeast Asia before going back to school. Dennison has an electrical engineering undergraduate from the University of Arizona, an MBA from UCLA, project manage-ment certification from Stanford, and a J.D. from Thomas Jefferson. When he entered TJSL, he already had a strong back-ground in technology and law school gave him the legal skills and experience that he needed to practice intellectual proper-ty law.” “Thomas Jefferson gave me a strong foundation in both general intellectual property principles and licensing,” said Dennison. “This, dovetailed with my technical background, allowed me to start work in IP while I was still in law school. Immediately following my graduation from Thomas Jefferson, I took the time to cross-certify as a UK solicitor. This made my application more attractive to Philips and, though based in Eindhoven, I will be doing much of my transactional work in England.” Dennison’s company is a good fit for his skills and experience. Royal Philips of the Netherlands is a diversified health and well-being company, focused on improving people’s lives through meaningful innovation in the areas of Healthcare, Consumer Lifestyle and Lighting. Headquartered in the Nether-lands, Philips posted 2012 sales of EUR 24.8 billion and employs approximately 118,000 employees with sales and services in more than 100 countries. The company is a leader in cardiac care, acute care and home healthcare, energy efficient light-ing solutions and new lighting applications, as well as diverse consumer electronic products. “I’m currently assigned to Lighting,” Dennison said. “My ‘task’ is to initiate investigative studies to identify IP business opportunities, and define and execute licensing programs. I lead or participate in projects to realize the potential value of new business cases, including negotiations with third parties. “And yes, that’s right out of the manual. Basically, we’re doing tech transfer and assertion work based on the Philips IP portfolio. I’m also hoping to do a little patent prosecution to get my European qualifications, but that’s down the road a bit. “This position requires a technical background to understand the subject matter, a business background to identify and create the business case justifying the expenditure and a law degree to draft and negotiate the final license. I also lived in Europe when I was younger, so I speak a bit of French and German. The position doesn’t require me to speak anything other than English, but the exposure to living and working in Europe already makes the transition smoother for me, and being able to communicate with people in their own languages is important, culturally so, at the very least. “I often get asked how a U.S. attorney can get hired by a European company to do transactional work. I confess I don’t know, other than I have a very broad background, both educationally and professionally. “My advice to current students is try to stay as broad in your interests and experiences, for as long as you can. Take part in as many study abroad programs, internships, externships and even visiting student opportunities as you can. You may have to specialize, at some point, if you’re gunning for a particular job with a particular company, but keep your options open for as long as you can.”

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Page 6 The Advisor

TJSL's CLIMB Program Wins State Bar Award The State Bar of California has selected Thomas Jefferson School of Law's CLIMB Program (Crawford Legal Institute Mentorship Bond Program) to receive the 2013 State Bar of California Education Pipeline Award. The program is a collaboration between Crawford High School and TJSL to encourage and mentor at-risk high school students in law and higher education pursuits and was co-founded by Professors Bill Slomanson and Maurice Dyson three years ago with the terrific energy and support of our student leaders. The award will be presented during the State Bar Annual Meeting Diversity Awards Reception in San Jose on Saturday, October 12, 2013, from 5:30-7:30 p.m. at the Marriott Hotel. Crawford High School is one of the most diverse high schools in San Diego County and the program, which has gradually expanded each year provides holistic mentorship in law, policy, leadership, advocacy skills, mediation, achieving academic excellence as well as tutoring, writing skills workshops, career counseling and a variety of contempo-rary topical presentations. “The profound transformations in the legal profession call for greater access to justice among underserved diverse clientele while expanding opportunities for underrepresented minorities to obtain a legal educa-tion,” said Professor Dyson. “CLIMB as a pipeline program is a critical and central part of educating the next generation of attorneys in an in-creasingly diverse country and enhancing the diversity of the legal pro-fession for greater relevance and service in this new emerging reality. Moreover, there is perhaps no greater rewarding experience for TJSL and Crawford students nor a higher calling in education than to see lives transformed where students at-risk for dropout are developing meaningful relationships and exposure to inspiring mentors and les-sons that speak to their interests, talents and abilities. I am so pleased to see the fantastic efforts of CLIMB recognized by the State Bar, which is consistent with TJSL's mission and ethos as a school of opportunity.” Professor Bill Slomanson has had a profound experience getting to know so many Crawford students and their diverse backgrounds. “My most touching moment occurred during my first presentation there several years ago. I met Sudanese students who walked and hid with their families for over a month, just to escape what was happening in Darfur and elsewhere, prior to South Sudan's independence,” said Professor Slomanson. “I left that first visit, almost in tears, thinking how small my problems have ever been. That experience confirmed what I had always said about my TJSL, and now Crawford experience: I've learned so much more from my students, than they from me. I will perpetually work on closing that gap. “We began this TJSL-Crawford Law Academy association by donating several truckloads-full of library materials to Crawford, when we made the move to East Village. It is thus heart-warming to see the latest evidence of this pro-gram's success, including the San Diego County Law Library's Lexis training for Crawford student research papers, and the upcoming State Bar award. "TJSL is fortunate to have students like Diana Vasquez and Lee Vernon, who have done so much on the TJSL end of this enterprise---and, the incredibly talented direction provided by Professor Maurice Dyson and Crawford Law Academy Director Steve Luttbeg. CLIMB hopes to recruit many more interested students this fall. Then, more of them can witness what I have---as in my first Crawford visit, with those very special Sudanese students."

CLIMB Co-Founder, Professor Maurice Dyson

CLIMB Co-Founder Professor Bill Slomanson

CLIMB Students

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Page 7 The Advisor

Be Sure to Attend the Monthly TJSL Alumni Mixer!

This Month’s Mixer is being held at Kelly's Pub in Old Town Thursday, August 1

6 p.m.

Come Mix and Mingle among alumni of all years. Students are welcome!

Bringing it back to Old Town!

Kelly's Pub 2222 San Diego Ave San Diego, CA 92101

For Additional Information Contact: Stephanie Marquez

Phone: 619-961-4263 Email: [email protected]

Or log onto the TJSL Alumni Facebook page

The MPRE is Saturday, August 17

On Sunday, August 4

From 9 a.m. to 1 p.m. in Room 323

TJSL is hosting a lecture/workshop to help you prepare! Free of Charge!

Presented by Barbri

For more information, contact Karen Harkins, Director of Academic Success and Bar Preparation at [email protected]

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Page 8 The Advisor

Citations Added July 21- July 29 Brenda M. Simon Articles:

The Implications of Technological Advancement for Obviousness, 19 MICH. TELECOMM. & TECH. L. REV. 331

(2013), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2152123

Marjorie Cohn Radio:

Verdict in George Zimmerman trial, Flashpoints, KPFA, Berkeley (July 17, 2013).

Radio:

Ed Snowden - asylum or extradition? FinancialSurvivorNetwork.com, West Palm Beach and national (July 16, 2013).

Susan Tiefenbrun Articles:

New Look at Human Trafficking in China and Its Revised One Child Policy, HOUS. J. INT'L L.(forthcoming 2013)

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Sunday Monday Tuesday Wednesday Thursday Friday Saturday

28 29 Last Day of Class

30 31 Start of Final Exams

August 1 6 p.m. Monthly TJSL Alumni Mixer Kelly's Pub in Old Town 2222 San Diego Ave San Diego, CA 92101

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End of Final Exams

MPRE Review 9 a.m. — 1 p.m. Room 325 Free of Charge!

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11 12 “Week One” Mandatory Incoming Student Orientation

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JULY & AUGUSTJULY & AUGUST